article thumbnail

Wetlands Regulation in the Political Swamp

Legal Planet

Thom Tillis (R-NC) described it as a “stifling regulation” that would “cripple” agriculture and do irreversible damage. Congress set the stage when it passed the Clean Water Act 50 years ago. The law gave the federal government jurisdiction over “navigable waters.” That’s why the U.S.

Politics 207
article thumbnail

Happy 50th Anniversary, Federal Clean Water Act

Legal Planet

The Clean Water Act (CWA), one of the nation’s most important environmental laws, is 50 years old today. In virtually all other nations, enforcement of water pollution control and other environmental laws is the sole responsibility of government regulators. (credit: Amazon).

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

The Quagmire of Clean Water Act Jurisdiction

Legal Planet

The Biden Administration announced on Monday that it would not meet a February target date to issue a revised definition of federal jurisdiction under the Clean Water Act. But it actually determines the extent to which the federal government can prevent water pollution and protect wetlands across the nation.

article thumbnail

The Long Life and Sudden Demise of Federal Wetlands Protection

Legal Planet

It is only when you look back at the history of federal wetland regulation that you realize just how radical and destructive this decision was. For instance, under the Court’s reasoning, a Reagan Administration regulation as a blatantly illegal environmentalist overreach. Here’s a timeline of the major events.

article thumbnail

Powerful Industry’s Torrent of Manure Overwhelms State Regulators

Circle of Blue

Powerful Industry’s Torrent of Manure Overwhelms State Regulators Cause of Michigan’s worst water pollution is too much waste spread on too little land. To a large extent the harmful algal blooms that foul Michigan’s waters and turn western Lake Erie into a toxic inland sea are the result of mismatches. . Photographs by J.

article thumbnail

Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands

E2 Law Blog

The wetlands at issue are separated by a 30-foot road from an unnamed tributary that feeds into a non-navigable creek that feeds into Priest Lake, a navigable but wholly intrastate water body. Thus began nearly two decades of litigation, culminating in the Supreme Court’s May 25, 2023 decision in Sackett v. EPA , 598 U.S. at __ (slip op.

article thumbnail

What’s a Major Question? Opinions differ.

Legal Planet

EPA , the Supreme Court used the “major question doctrine” to overturn Obama’s signature climate change regulation. The cases are split 3 to 3, with some courts applying the major question to regulations that were so minor I’d never heard of them. In West Virginia v. No, not a major question. Biden , 67 F.4